Home » THE FORUM NON CONVENIENS MOTION AND THE DEATH OF THE MOTH: A DEFENSE PERSPECTIVE IN THE POST-SINOCHEM ERA

TITLE

THE FORUM NON CONVENIENS MOTION AND THE DEATH OF THE MOTH: A DEFENSE PERSPECTIVE IN THE POST-SINOCHEM ERA

AUTHOR(S)

Greenberg, Michael

PUB. DATE

February 2009

SOURCE

Albany Law Review;2009, Vol. 72 Issue 1, p321

SOURCE TYPE

Academic Journal

DOC. TYPE

Article

ABSTRACT

The article offers a defense counsel perspective on the status of the federal doctrine of forum non conveniens within the U.S. Second Circuit Court of Appeals. It explores the history of the doctrine since its inception in state courts, to its formal recognition by the Supreme Court and its present status. It reviews the Supreme Court ruling on the case of Sinochem International with respect to the doctrine. Suggestions are provided on what defense counsel should consider when making a forum nons conveniens dismissal motion.

The article analyzes the constitutionality of funding conditions under the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. It informs the Supreme Court employed tests and standards to view the constitutionality of the funding conditions. It discusses two cases of U.S....

The article mentions the Town of Greece v. Galloway (12-696) case appealed from the U.S. Court of Appeals for the Second Circuit to be considered by the U.S. Supreme Court regarding the applicability of the Establishment Clause of the First Amendment to the U.S. Constitution on freedom of religion.

The article discusses the U.S. Court of Appeals Second Circuit decision in the case In re American Express Merchants' Litigation on unenforceability of company's card acceptance agreement with its merchants. It discusses the U.S. Supreme Court holdings in Stolt-Nielson S.A. v. AnimalFeeds Int'l...

In this article, the author reviews a U.S. Supreme Court decision enforcing a class action waiver provision under California law and another recent decision by the U.S. Court of Appeals for the Second Circuit that refused to enforce a class action waiver provision

The article discusses a court case wherein the U.S. Supreme Court reversed the Second Circuit Court of Appeals decision that the copyright registration requirements for certain works of the Copyright Act of 1976 are not jurisdictional. In Reed Elsevier v. Muchnick, the decision expresses the...

The article discusses the case Sekhar v. United States appealed from the U.S. Court of Appeals for the Second Circuit to be considered by the U.S. Supreme Court as of June 2013 in which petitioner Giridhar C. Sekhar was convicted of extortion under federal law to expose an extramarital affair.

The author contends that the U.S. Supreme Court should uphold the ruling of the U.S. Court of Appeals for the Second Circuit rejecting the efforts of the U.S. Federal Communications Commission (FCC) to cite Fox TV network for airing expletives during the live broadcasts of the Billboard Music...

The article states that the Second U.S. Circuit Court of Appeals recently declared voluntary school prayer to be unconstitutional. The Republicans say they favor "voluntary prayer" in public schools. The court said that even this "symbolic inference" of state support for religion is too...

The article focuses on the ruling of the U.S. Court of Appeals for the Second Circuit on a hostile environment sexual harassment case filed by a female employee. The court revoked the summary judgment imposed on the employer on grounds that the federal trial court neglected the standards and...